It is unlikely that uThukela District Mayor Inkosi Ntandoyenkosi Shabalala will testify in the Durban Magistrate’s Court today (October 30), despite an expectation created that he would during court proceedings against the municipality’s accounting officer yesterday.

uThukela Municipal Manager Langelihle Jili and his co-accused, Bongumenzi Dlamini (a Durban-based Uber driver), are charged with corruption. Both men were arrested last week following trap operations undertaken by KZN’s Serious Corruption Investigation Unit. Their bail hearing is currently underway before presiding magistrate, Garth Davis.

A letter from Mayor Shabalala in support of Jili’s application for bail was submitted to the court by defence attorney, Advocate Paul Jorgensen, yesterday.

In the letter, Shabalala states that uThukela Municipality, “…supports that the municipal manager is innocent until proven guilty and is willing to accept Mr Jili back to work.”

DA uThukela chairperson Cllr Thys Janse van Rensburg, who is a member of uThukela’s Executive Committee (Exco) in the Planning Portfolio, condemned what he referred to as, “…the mayor’s extraordinary decision to write to the court supporting the return to office of the corruption-accused municipal manager.”

Janse van Rensburg pointed out that, in uThukela District Municipality, the mayor does not have executive powers and therefore should have first sought the approval of the council before issuing such a letter on behalf of the municipality.

“The mayor declares that the municipality is willing to welcome Jili back to work, despite the explosive allegations emerging in the Durban Regional Court,” said Janse van Rensburg.

“While the Hawks investigate corruption, the mayor appears more concerned with protecting the accused than protecting the public.”

He continued that, “This is particularly outrageous against the backdrop of CoGTA’s (Department of Co-operative Governance & Traditional Affairs) warnings about uThukela’s governance failures, seven consecutive qualified audits, approximately 65% water losses and staggering unauthorised, irregular, fruitless and wasteful expenditure. Residents endure dry taps, sewage failures and deteriorating infrastructure while the political leadership rushes to defend the very administration responsible for service delivery.

“The presumption of innocence is fundamental. However, it does not oblige a municipality to endorse an accused official’s return to a position of considerable authority while serious corruption allegations remain unresolved. The DA calls for independent oversight, protection of evidence and witnesses, and urgent action to restore accountable municipal leadership. uThukela cannot afford another five years of corruption, chaos and empty taps,” he concluded.

In response, the ANC had this to say…

“Communities need leaders who defend the public interest, not those who stand by officials facing serious corruption allegations. An IFP mayor backing a municipal manager accused of corruption raises serious questions about accountability. On November 4, voters must decide: do we reward political protection or demand accountability?” said Mr Sandile Dlungwane (ANC Caucus Whip, uThukela District Municipality).

While the court is yet to pronounce on the outcome of the bail hearing, defence attorney Advocate Paul Jorgensen told Caxton Local Media that he is confident that Jili and Dlamini will be granted bail, but there were concerns that Jili would not be able to return to work, if this was made a condition of his bail.

“Criminal matters take a long time and his (Jili’s) employment might be in jeopardy should he not be able to return to work until the case is finalised. The letter was meant to assure the court that, if there were concerns that Jili would interfere with certain service providers, it could be made a condition of his bail that he not be allowed to interact with those service providers, in order to facilitate his return to work,” said Jorgensen.

“The magistrate then had some questions regarding the letter and called for the mayor to testify. However, we then decided that the mayor will not be giving evidence in order to save time and expedite the bail proceedings. If it is made a condition of bail that Jili will not be allowed to return to work, then we are willing to accept it. If we, later, decide to bring an application to have the bail conditions amended, then the mayor will be called to testify at that stage.”

At the time of publishing, it was expected that the bail proceedings will be concluded today (October 30), with judgment likely to be handed down early next week.

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